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What Is the Legal Breath Alcohol Limit?

Beer, wine, and alcoholic drinks have been deeply ingrained in Australian society and culture. One can find these beverages at social events and celebrations that can become difficult to give up or deny. Nonetheless, responsible drivers must never risk the lives of their families and fellow commuters because of yielding to temptation.

This article will teach you the legal breath alcohol limit in Australia and other crucial facts you must know about random breath testing.

The 0.05 BAC limit

Since July 1976, random breath alcohol testing and limits have saved hundreds of thousands of Australians from fatal accidents. The police have checkpoints where they check drivers’ sobriety using a breathalyzer, which detects the alcoholic chemicals in the exhaled air.

Australian legislation mandates that drivers must not have a 0.05 blood alcohol concentration (BAC), which manifests through the breath alcohol test. In other words, anyone driving a vehicle must not exceed 0.05 grams of alcohol per 100 millilitres of their blood. Each state has specific BAC categories and penalties for each offence, which you can read on government websites. These policies are also discussed in the frequently asked questions (FAQ) section below.

When do drivers have a breath alcohol test?

Police require drivers to take a breath alcohol test when they show signs of drunk driving and intoxication. These symptoms include difficulty speaking, keeping balance, and making coordinated reflexes. Vomiting, confusion, and unstable mood are among the indications of drunkenness.

If these tests prove you are drunk while driving, you may face fines, prison sentences, and license suspension, depending on your history and vehicle.

What affects breath alcohol test results?

When you drink alcohol, its ethanol content enters your bloodstream and is processed in the liver. This organ can utilize ethanol depending on the beverage you drink. (For example, a drink of beer is twelve ounces, while a glass of wine is five ounces.) However, if you have so much alcohol beyond your liver’s capability, you will get intoxicated as ethanol reaches your brain. Drunkenness impairs your senses, cognition, behaviour, and decision-making, which can be fatal once you are behind the wheel.

Breath alcohol tests measure the amount of ethanol in the bloodstream. This way, law enforcement has an objective basis for drivers’ sobriety. But if you cannot resist drinking before driving, remember that you can sip a beverage without exceeding your alcohol tolerance.

These are the factors that impact your breath test results and drunkenness:

  1. The smaller or chubbier you are, the quicker you reach a higher alcohol concentration.
  2. Drinking alcohol with an empty stomach can get you drunk quicker because ethanol can quickly enter your bloodstream. (However, eating while consuming beverages will not keep you from getting drunk.)
  3. On average, women tend to get drunk and reach high BACs quicker because they are smaller than men. Women also have a higher proportion between fatty tissue and muscles.
  4. People with lower alcohol tolerance will have higher BACs since their livers break down ethanol slower.
  5. The kind and amount of alcoholic beverage you drink, including the spacing between them, directly affect your BAC.
  6. Medications and other substances can influence your BAC and consequent intoxication.
  7. Breath test results are only correct within six to twelve hours after you stop consuming alcohol. (If you get pulled over and have doubts about the detected BAC, you may ask a physician or a lawyer.)

How to stay lower than 0.05 BAC

The Alcohol and Drug Foundation provides tips for drivers who cannot miss social drinking sessions before travelling on the road:

  • Men weighing 85 kg should not exceed two standard-size alcoholic drinks within an hour. Then, they should only consume a drink each hour. (Some sources even recommend only drinking up to two servings every day!)
  • Women weighing 70 kg should drink less than one standard drink each hour.
  • Drink so much water to dilute the limited alcohol you have consumed.

However, note that these are general estimates. You might still reach the 0.05 BAC limit after drinking these amounts! Also, be careful with online BAC calculators because beverages have different ingredients and ethanol levels. Every person also has unique alcohol tolerance, drinking history, and preferences.

It is still safest to avoid consuming alcoholic beverages before driving since they can already harm your driving before reaching 0.05 BAC. Moreover, research shows that drivers who compute their alcohol concentration tend to become careless on the road after drinking.

How to read alcohol breath test results

Although there are different policies against drunk driving across states and nations, the effects of alcohol concentration are relatively the same. The following are the impacts of different BAC levels, according to the US National Highway Traffic Safety Administration:

0.02 BAC

This result may be below the infamous 0.05 mark, but driving with this alcohol level in your bloodstream is still dangerous. Because the drink distracts your mind, drivers with 0.02 BAC will lose focus on sudden movements in their view. They will also struggle to multitask while maneuvering their vehicle.

In most Australian states, this level is not allowed for driving instructors, new drivers, and probationary drivers. This restriction also includes those who drive trucks, tractors, public transportation, and other critical vehicles.

0.05 BAC

0.05 BAC is the standard limit on breath alcohol tests. Rightfully so: drivers with this alcohol level have drastically less reaction time and muscle control. They cannot steer correctly, focus their sight, or stop the vehicle when critically necessary.

0.08 BAC

At this point, the degradation is much worse. Drivers with 0.08 BAC lose their coordination, balance, and clear senses. Because of this, they cannot detect risks and make reasonable decisions. These drivers also cannot react to road signs, speed limits, and situations requiring quick responses.

0.10–0.15 BAC

Within this range, the drivers’ skill deterioration reaches the point when they can no longer stay within the lane, keep their balance, and step on the brake. They are likely to vomit, suffer from drowsiness, and lose their attention. Road accidents are almost inevitable with these drivers at this point.

Frequently asked questions (FAQ)

1.  What is the blood alcohol concentration limit in Australia?

The blood alcohol concentration (BAC) limit allowed in Australia is 0.05% or 50mg of alcohol in 100ml of blood. However, each state in Australia has specific laws and regulations regarding drunk driving.

2. What is the drink driving law in New South Wales?

New South Wales categorizes BAC limit offences: low-range (0.05–0.08), mid-range (0.09–0.15), and high-range. Each level has varying penalties, ranging from license suspension to prison sentences.

First-time drink drivers with low-range BAC must pay $587 and face license suspension for three months. Meanwhile, those with traces of illegal drugs and alcohol will face a $5500 fine. They may also receive one and a half years of imprisonment.

3.  What is the drink driving law in Queensland?

Queensland’s drink driving law states that the following should have no alcohol in their system before driving: learners, driving teachers, drivers with a provisional or restricted license, and those who drive trucks, buses, taxis, and transportation with a dangerous load. The penalty is based on the driver’s history. Even the first offence can cost fines up to $1929, up to a nine-month suspension, and possible jail time of three months.

Repeat offenders will pay up to $8271, surrender their license for up to two years, and face jail time depending on the court’s ruling. Their cars will be impounded as well. Once they face these punishments, they will receive a probationary license for a year, drink driving lessons, and an ignition interlock. This device allows the car to start only if the driver has zero traces of alcohol.

Queensland follows the same categories that New South Wales has.

4.  What is the drink-driving law in the Australian Capital Territory?

In the Australian Capital Territory, students, provisional drivers, and those who drive 15-ton vehicles and transportation with dangerous loads must have zero BAC. But all other drivers must have BACs lower than 0.05.

First-time violators may face punishments up to $2250, nine months of imprisonment, and a three-year license suspension.

5. What is the drink-driving law in Victoria?

The drink driving law in Victoria states that every driver who violates the 0.05 BAC limit must have an alcohol ignition interlock for six months. But those who have up to 0.069 BAC will surrender their license for three months.

6.  What is the drink-driving law in Tasmania?

In Tasmania, learners and probationary drivers must have zero BAC. Drivers with 0.05–0.10 BAC must pay $346 and three months of license suspension. Violators with 0.11–0.15 BAC will face twice that—a $692 fine and six months of disqualification.

References

Alcohol and Drug Foundation. (2017, February 14). Blood alcohol levels. Retrieved from https://adf.org.au/insights/blood-alcohol-levels 

Buddy T. (2022, March 1). Understanding Blood Alcohol Content (BAC) Levels. Retrieved from https://www.verywellmind.com/blood-alcohol-content-62695

Cameron, M. & Vulcan, A. (1997). Proceedings of the 14th International Conference of Alcohol, Drugs, And Traffic, France, September 21–26, 1997.

Ottle, Stephen. (2021, November 8). Drink driving laws in Australia: Everything you need to know. Retrieved from

https://www.carsguide.com.au/car-news/drink-driving-laws-in-australia-everything-you-need-to-know-85060